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WSP00374
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Last modified
1/26/2010 12:25:40 PM
Creation date
10/11/2006 9:42:05 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8407.400
Description
Platte River Basin - River Basin General Publications - Nebraska
State
NE
Basin
South Platte
Water Division
1
Date
3/1/1983
Author
Nebraska Natural Res
Title
Policy Issue Study on Selected Water Rights Issues - Riparian Rights
Water Supply Pro - Doc Type
Report/Study
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<br />~ 'lQ <br />1 . <br /> <br />CHAPTER 5 <br /> <br />RELATIONSHIP OF THIS <br />STUDY TO OTHERS <br /> <br />Each of the policy issue studies being con- <br />ducted demonstrates the interrelationShip <br />between water policy issues. Water policy is <br />complex, and no method of distinguishing issues <br />can successfully eliminate overlaps. The <br />purpose of this chapter is to identify the most <br />significant relationships between this study and <br />the other policy issues studies being conducted <br />as part of the State Water Planning and Review <br />Process. <br />As this report is being prepared, the original <br />pOlicy issue studies are nearing completion. <br />While reports have not yet been prepared on <br />several of the studies, work is well underway on <br />aU of those original studies still scheduled. The <br />scope of all of these studies is therefore quite <br />well defined. As a result, it is now much easier to <br />identity the relationships between each of the <br />studies than it was when the process began. <br />Identifying those relationships is important in <br />each case. Such identification promotes aware- <br />ness of the fact that any particular water policy <br />action will have greater impact upon overall <br />water policy than just the resolution of the im- <br />mediate issue at hand. The result of this aware. <br />ness should not be to delay automatically what <br />may otherwise appear to be a favorable action, <br />although that may be appropriate in some cases. <br />However, such awareness should at a minimum <br />discourage actions that will prevent consider- <br />ation of new information at a later date. <br />Significant relationships can be identified <br />between the subject of this report, riparian rights, <br />and several of the other pOlicy issue studies <br />being conducted. The extent of that relationship, <br />if any, is addressed in the material which foHows. <br /> <br />STUDY #1 <br />INSTREAM FLOWS <br /> <br />Since the exercise of riparian rights is one <br />potential way to achieve recognition 01 uses <br />which are dependent upon the maintenance of <br />instream flows, there can be considerable re- <br /> <br />lalionship between this study and the study on <br />Instream Flows. Alternatives 2c and 3c in this <br />report would specifically grant recognition of <br />instream uses by riparian landowners. If inte- <br />grated into the appropriative system, valid claims <br />for such uses would be converted to appropri. <br />ative rights. On the other hand, other alternatives, <br />such as 2d, 2g. 3c, and 3g, would deny recogni- <br />tion of instream riparian uses. They would there- <br />fore prevent use of the riparian rights system to <br />achieve instream flow objectives. <br />One particular instream use, stockwatering. is <br />the subject of alternatives 2h, 2i. 3j, 3k, 4a. and <br />4b. By exempting this use from registration or <br />adjudication, alternatives 2h and 3j would leave <br />resolution of conflicts involving stockwatering to <br />the courts. Alternatives 2i and 3k would allow the <br />landowner to make a one-time decision whether <br />he or she wanted to rely on an administrative or <br />judicial procedure for protection of his or her <br />right to water livestock. Finally, Alternative #4, <br />espeCially subalternative 4b. would resolve the <br />stockwatering/instream flow issue to the benefit <br />01 the stockwater user, It is important to note that <br />the protection granted such uses by Alternative <br />#4 would extend to all users, not just those with <br />riparian rights. <br /> <br />STUDY #2 <br />WATER QUALITY <br /> <br />This study and the Study on Water Quality <br />appear to have little relationship to each other. <br />Unless waste assimilation was recognized as a <br />use entitled to a riparian claim under alternative <br />2c or 3c the only relationships between the two <br />studies would depend upon the extent to which <br />implementation of any of the riparian rights al- <br />ternatives increased or decreased flow in a given <br />stream. Those alternatives that favor greater <br />recognition of riparian rights for consumptive <br />uses would tend to decrease flow, which in turn <br />would tend to degrade water quality, <br /> <br />5.1 <br />
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